Robbery and burglary are distinct crimes in Arizona with different elements and penalties. Robbery under A.R.S. 13-1902 requires taking property from a person by force or threat — Class 4 felony. Burglary under A.R.S. 13-1507 requires entering a structure or fenced yard with intent to commit theft or a felony — Class 1 to Class 3 felony depending on the type of structure. Aggravated robbery (A.R.S. 13-1903) and armed robbery (A.R.S. 13-1904) enhance robbery based on aggravating factors. Call (480) 582-3637 for a robbery and burglary defense lawyer.
The Core Difference: Force vs Unlawful Entry
Robbery and burglary sound similar but are structurally different crimes:
- Robbery = taking property from a person by force or threat of force. The victim is present. Direct confrontation.
- Burglary = entering a structure without permission with intent to commit theft or a felony inside. The building is the target. The person may or may not be there.
Two examples clarify:
Example 1: Someone breaks into an empty house at night to steal a TV. That is burglary. No robbery — no person was confronted.
Example 2: Someone pushes a store cashier and takes cash from the register. That is robbery. The store may also be burglarized if the entry was unlawful, but the taking-by-force element makes robbery the primary charge.
Example 3: Someone enters a home where the owner is asleep, wakes the owner, and demands money at knife-point. That is BOTH burglary (unlawful entry with intent) AND aggravated robbery (taking by force + weapon). Arizona allows charging both.
The classification differences are significant. First-degree burglary of a residential structure is a Class 2 felony with presumptive 5-year prison. Simple robbery is a Class 4 felony with presumptive 2.5 years. Aggravated robbery jumps to Class 3 felony. Armed robbery is Class 2 felony.
Robbery Under A.R.S. 13-1902
A.R.S. 13-1902 defines robbery: “A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.”
Elements the state must prove:
- Taking property. Not just attempting — actually taking possession.
- From the person or immediate presence. On the person, from their hand, or within their control zone (a car they’re in, an office they’re working from).
- Against the victim’s will. Consent negates robbery.
- Force or threat of force. This is the pivotal element. Force can be minimal — pushing someone away to grab property still qualifies. Threats can be verbal (“give me your wallet or I’ll hurt you”) or implied (displaying a weapon).
- Intent. To coerce surrender OR to prevent resistance.
Classification: Class 4 felony. Presumptive 2.5 years prison. Range: 1-3.75 years. Prior felony history can enhance under A.R.S. 13-604.
Common robbery scenarios: purse snatchings with any force, muggings, convenience store hold-ups without weapons, taking a phone from someone’s hand while pushing them.
Aggravated and Armed Robbery
Two enhancements elevate robbery to more serious felony classes:
Aggravated Robbery (A.R.S. 13-1903): Class 3 felony with presumptive 3.5-year prison. Requires the presence of an accomplice — at least one other person aided or was present during the robbery. The theory is that multiple perpetrators create greater danger to the victim.
Armed Robbery (A.R.S. 13-1904): Class 2 felony with presumptive 5-year prison. Requires the use, threatened use, or possession of a deadly weapon or simulated deadly weapon during the robbery. A “simulated” weapon includes a toy gun or hand-in-pocket implying a weapon.
Both enhancements can stack: an armed robbery committed with an accomplice charges as Class 2 armed robbery. The armed charge trumps aggravated.
A.R.S. 13-1904 is also a “dangerous offense” designation. That triggers:
- Mandatory prison — probation unavailable.
- Reduced credit for good behavior — inmates serve 85% of the sentence rather than the standard reduction.
- Registration requirements in some cases.
An armed robbery conviction is one of the most serious non-homicide crimes in Arizona. Presumptive 5 years, aggravated to 12.5 years with dangerous prior. Serving 85% means actual time in custody is dramatically higher than the nominal sentence.
Burglary Under A.R.S. 13-1507 and 13-1508
Burglary in Arizona has three degrees, each in a separate statute, distinguished by the type of structure entered.
Burglary in the Third Degree (A.R.S. 13-1507): Class 4 felony. Entering or remaining unlawfully in a NON-RESIDENTIAL structure or a fenced commercial or residential yard with intent to commit theft or any felony. Includes:
- Commercial buildings (stores, warehouses, offices)
- Storage units
- Fenced residential yards where no residence is entered
- Non-residential vehicles used for storage
Burglary in the Second Degree (A.R.S. 13-1508): Class 3 felony. Entering or remaining unlawfully in a RESIDENTIAL STRUCTURE with intent to commit theft or any felony. A residential structure includes any building, tent, or vehicle adapted for overnight accommodation.
Burglary in the First Degree (A.R.S. 13-1508): Class 2 felony. Same as second-degree burglary BUT the person or an accomplice possesses explosives, a deadly weapon, or a dangerous instrument during the offense.
The key element for all three: unlawful entry PLUS intent at the time of entry. Prosecution must prove the intent existed AT ENTRY. If someone entered lawfully and later formed intent to steal, the correct charge is theft, not burglary. This distinction sometimes matters when guests overstay welcome or when a former resident enters a home they used to live in.
Burglary of a Residential Structure — First Degree
First-degree burglary is one of the most serious property crimes in Arizona. Because the state can prove it with even a small weapon or dangerous instrument, and because entry into a home creates additional risk, the classification is Class 2 felony — same as armed robbery.
Elements:
- Unlawful entry into a residential structure
- Intent to commit theft or any felony at the time of entry
- Possession of explosives, deadly weapon, or dangerous instrument by the person or an accomplice
“Dangerous instrument” is broadly defined. Any object that could cause serious injury qualifies — a screwdriver, a heavy flashlight, a rock. This is where the classification gets aggressive. Someone who breaks into a home with a screwdriver (used for entry, not violence) can be charged with first-degree burglary because the screwdriver is a “dangerous instrument.”
Sentence structure:
- Presumptive: 5 years prison, non-dangerous
- Range: 3-12.5 years depending on aggravation
- With dangerous designation: mandatory prison, 85% actual time
- Prior felony history: significant enhancement under A.R.S. 13-604
Defending first-degree burglary often centers on:
- Challenging whether the object was actually a “dangerous instrument”
- Disputing the intent element (theft intent vs some other purpose)
- Contesting the entry’s unlawfulness (permission, lawful entry that later became unlawful)
Defenses to Both Charges
Effective defenses to robbery and burglary:
- Mistaken identity. Both crimes often lack clear victim identification. Distance, lighting, disguise, and stress affect eyewitness reliability. Independent evidence (fingerprints, DNA, video, cell phone tower records) can support or undermine identifications.
- Consent (burglary). If the resident or owner gave permission to enter, the entry is not unlawful and burglary cannot be sustained. Sometimes the parties dispute whether permission existed.
- Consent (robbery, rare). If the alleged victim consented to the transfer of property, robbery fails.
- Lack of intent at entry (burglary). If the state cannot prove theft intent existed at the moment of entry, the charge reduces to theft only.
- No force or threat (robbery). If the taking occurred without confrontation or the alleged victim was unaware until after, the correct charge is theft under A.R.S. 13-1802, not robbery.
- Duress or coercion. Rare, but if the defendant was forced to participate under threat, this can eliminate criminal liability.
- Alibi. Documented evidence placing the defendant elsewhere at the time of the crime.
- Suppression of evidence. Fourth Amendment challenges to the search, seizure, or investigative stop that produced evidence against the defendant.
Both charges carry serious mandatory or near-mandatory prison exposure. Early defense involvement is critical. Discovery motions, expert challenges to identification testimony, and precise motion practice can move a case from Class 2 felony territory down to negotiated plea to lesser included offenses.
Call Oliverson Law at (480) 582-3637 for a free consultation.
Frequently Asked Questions
Robbery under A.R.S. 13-1902 requires taking property from a person by force or threat of force — direct confrontation with a victim. Burglary under A.R.S. 13-1507 through 13-1508 requires unlawful entry into a structure with intent to commit theft or a felony — the building is the target and a victim may not be present. Robbery is typically a Class 4 felony; burglary ranges from Class 2 to Class 4 depending on the structure type.
Aggravated robbery under A.R.S. 13-1903 is robbery committed with an accomplice — at least one other person aiding or present during the robbery. It is a Class 3 felony with presumptive 3.5-year prison, one class higher than simple robbery. The elevated classification reflects the greater danger to victims when multiple perpetrators are involved. This is distinct from armed robbery under A.R.S. 13-1904, which involves a weapon.
First-degree burglary under A.R.S. 13-1508 is unlawful entry into a residential structure with intent to commit theft or any felony, WHILE the person or an accomplice possesses explosives, a deadly weapon, or a dangerous instrument. Classification: Class 2 felony with presumptive 5-year prison. The ‘dangerous instrument’ element is broad — even a screwdriver used for entry can qualify. Defensive challenges often focus on whether the object was truly a dangerous instrument.
No. Burglary under A.R.S. 13-1507 through 13-1508 requires BOTH unlawful entry AND intent to commit theft or a felony AT THE TIME OF ENTRY. If someone enters lawfully and later forms intent to steal, the correct charge is theft, not burglary. If someone enters unlawfully but had no intent to commit any crime, the correct charge is trespassing, not burglary. Prosecution must prove intent existed at entry.
Yes. When an incident involves both unlawful entry into a structure AND taking property from a person by force, Arizona courts allow both charges. Example: entering someone’s home at night with a knife, waking the resident, and demanding money would be charged as both first-degree burglary AND armed robbery. Both convictions can result, though sentences typically run concurrently rather than consecutively for the same underlying act.
Armed robbery under A.R.S. 13-1904 is robbery committed while the person or an accomplice uses, threatens to use, or possesses a deadly weapon or simulated deadly weapon. Classification: Class 2 felony with presumptive 5-year prison. It carries the ‘dangerous offense’ designation, meaning probation is unavailable and the defendant must serve 85% of the sentence (rather than the standard reduction for good behavior). A toy gun or hand-in-pocket implying a weapon qualifies as ‘simulated deadly weapon.’
Robbery and burglary charges have different elements and different penalties. Early defense analysis often reduces one to the other, cutting sentences by years. Derek Oliverson defends Arizona property crime cases since 2009.